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Oleh : Margain
Pembimbing I : Dr. Erdianto, SH, M.Hum
Pembimbing II : Rahmad Hendra, SH, M.Kn
Alamat : JL. Hangtuah Ujung Nomor 130
Email : margain_lr@yahoo.com - Telepon : 081275019108
ABSTRACT
Prior to the enactment of the law the land sector in Indonesia, the
applicable rules of customary law, as is also recognized in Article 5 of Law No. 5
of 1960 on the Basic Regulation of Agrarian. On that basis, the status of land
ownership in Indonesia is not necessarily seen by the formal proof in the form of a
letter or deed their land as intended by the Act Agrarian land ownership on the
basis of customary law is still recognized. This dualism resulting in disputes about
the status of land ownership in practice.
As for the purpose of writing this paper is to investigate the application of
criminal law article 385 paragraph 4 of the rules of evidence as stipulated in the
law on criminal procedure and to determine the legal considerations of the judges
in the decision on the criminal case No. 346 / Pid.B / 2011 / PN.PBR seen from the
concept of land ownership under customary law.
This type of research is a normative legal research in the form of studies
document / case, because the research conducted by Docket No. 346 / Pid.B / 2011
/ PN.PBR, in conclusion, the author uses the inductive method is by way of
drawing conclusions from things Special character (from the data obtained from
the study) the provisions of general law.
In application of Article 385 paragraph 4 of scams there are elements
which would conflict with land ownership customary law because the legal
concept of land in Indonesia that adheres stelsel negative berunsurkan positive
segingga the right base of the country does not ensure the full ownership of the
land, meaning there's still other evidence such as physical evidence and other
evidence and can be used as guidelines for judges in sentencing for this article
related to land ownership. The judges' verdict likely to be taken in terms of
formality so that it will ignore the sense of justice in the society where judges
regarded as most people know the law